p2pnet - rss feed: German ‘jail file sharers’ law
p2p news / p2pnet: Germany has just agreed on a new law that makes it possible to put downloaders behind bars for two years, and this is only if they use the movie for personal use.Commercial downloaders face up to five years in prison.
Germany is considered to be one of the leading filesharing counties in Europe so this law will probably have a huge impact.
This new law was adopted exactly two months after the German anti-piracy federation (GVU) busted some of the key players in “the scene”. But now it seems that not only the release groups have to worry, but everybody who tries to download something from the net that might be copyrighted. The new law comes into effect on january the 1st, 2007.
The law is widely debated and currently one of the toughest in Europe at the moment.
Patrick von Braun, of the Federation of German Consumer Organisation, was not pleased and said:
This sends a completely wrong signal to society. It criminalises consumers and will deeply disturb internet users.
However, the German justice minister defended the law, and said:
The aim is not now to slap handcuffs on downloaders in the school playground. But if someone downloaded a film before it reached the cinemas it was obvious that they were responding to an illegal offer and breaking the law
Gunther Krings, the Christian Democrat legal affairs spokesman responded:
There should be no legal distinction between stealing chewing gum from a shop and performing an illegal download.
So if you steal a chewing gum in Germany you will face up to 2 years in prison? Or even 5 if you try to sell it?
We’re going to hear more about this…
Torrentfreak - The Netherlands
March 28th, 2006 at 12:49 am
So, in Germany how much time to you get if you try to kill somebody and fail? That’s one thing I never understood. They prove in court that you were trying to kill someone, but the victim does not die. The sentance is much less than if they die. WHY??? You were TRYING to kill them. Because you f*@ked up you get off easier? Okay, enough OT jibberish…
As to the story, could it be that Gunther Krings, the Christian Democrat legal affairs spokesman was trying to be the voice of reason? Was he speaking out AGAINST this draconian law? Just askin’…
March 28th, 2006 at 1:51 am
Ok, they find a downloaded file on your computer. Since it is your computer, your property you are guilty. Now are they upholding the concept that one’s computer one’s property in entirety?
Let us talk about what would happen if a file was found on one’s computer that COULD download without one knowing? Even download music!!!! OR MOVIES!!! or whatever. Here we go. Now they will have to prove one knows enough to know what “these trojans” are doing. Good luck!
So please someone build a workable Trojan that every German could blame for doing the downloads. Woops its already done it just downloads other stuff you don’t know about. MS has made a few, Yahoo and even oh my Sony.
So all these people chased just need an “unknown” ap!
March 28th, 2006 at 10:32 am
“Ok, they find a downloaded file on your computer. Since it is your computer, your property you are guilty.”
Actually possesion of an infringing copy of a copyrighted work is not infringement or anything. No more than possesion of a fake Rolex watch is a crime. To explain lets create a scenario:
You go to a flea market, perhaps abroad, and buy what apears to be a legitimate DVDs and CDs. You really have no way or obligation to determine if it is legitimate. So you simply do not worry about it, as you are not concerned about the resale value as you would be if you were buying a 25,000 diamond studded gold Rolex.
Later the RIAA/MPAA cops raid your home and their digital forensic and international copyright experts determines that your copies are fake and in violation of the copyright law of the country where you made the purchase. The question is then what are you, a victim, a criminal, a smuggler, or none of the above?
But let us make it more complicated. You are a minor and you buy an mp3 player with 10,000 songs British rock songs on a flea market in Argentina for 50 dolars. You know nothing about copyright law of Britain, Argentina or the USA, where you reside, nor their inconsistensies (what is legal in one country may be illegal in another) and its very complicated and conflicting and contradictory jurisprudence. You also have no idea if the mp3 player was part of a stolen shipment of players. The question is then what are you, a victim, a criminal, a smuggler, or none of the above?
The answer is simple. No buyer has any responsibility of insuring that any product he or she buys from a friend, a store or a flea market is legitimate or not hot or is made of real gold and diamonds. Only the seller is responsible for any infringement, theft or fraud.
Only the seller, sometimes guilty. Only when the seller knows that it is selling fake products in countries where such sales are prohibited. An owner of a fake DVD, selling or giving or exchanging the DVD to a friend is guilty of nothing.
Simple: Possesion alone cannot be a crime or infringement.
Rafael Venegas
http://www,gvenegas.com
March 28th, 2006 at 4:40 pm
So, if I understood this correctly, the following is possible:
1) X cracks my password and copies a text file
2) X puts the text on slashdot
3) all slashdotters go to jail
Hmmm…. not such a bad law after all
.
But seriously, when will the nonsense stop?
March 28th, 2006 at 5:51 pm
German copyright cop response, “We’ll see about that..”
Seriously, I hope you are correct.